The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-05-03

Of Honolulu. The defendant was
charged with the offense of hariHg
opium URIHcfuI'y Ia has possession He
pleaded not guilty and the evidence
on the part of the prosecution was
taken and the Grown rested. The de
fendant then, by his attorney Mr.. j.
I. Dare. moved that the defendant be
discharged on the grounds:
S'FTrst The Crown has not proven
Its charge Of unlawful possession OF
opium.
".Seoond That the possession of OPT
UNI under the law OF 1856 Is not a
crime.
"Tzird: That the Act of 1856, emit
tied An Act to regulate the importa-
ton and sale of opium in this King
DOM is unconstitutional and there
fore void and of no effect"
The Police Justice overruled the
motion. and. the defendant offering
no testimony in defense, the Police
Justice found him guilty and sen
fenced him to pay fine of one thou
sand dollars and TO be imprisoned at
hard labor for the term Of two years.
Whereupon the defendant gave no
tee of and thereafter perfected an
appeal to the Supreme Court IN banco
upon the above points Of law made on
his motion to be discharged.
This being an appeal solely upon
points OF law. the Court has not only
to determine whether the appellant Is
liable to any punishment under the
statute OF last session, but whether
there Is any other law in force which
subjects the appellant topunishment,
because If we should 50 find, we must
remit the case 10 the Police Magis
trate in order that q legal sentence
may be passed.
We must therefore ascertain how
far the said statute conflicts with the
law as ii stood when such statute came
into operation.
For this purpose it will not be nee
essary to 60 back further than the
law Of 1874
The title of this Act as amended by
the Legislature Of 1876 IS .'4a Act to
reStrict tte impoTtatioa and sale q opislR or
preparations thereof"
This Act was amended IN several
particulars immaterial to be consid-
cred in this case, except an Act being
Chapter XIV of the laws of 1880
which viii hererfter be more particu-
larry referred to.
The Act Of 1874 is as follows:
Section l. transportation of opium
or any Drnparstion thereof into this
Kingdom. ercsBt as authorized by Sec
ton Of this Act Is hereby strictly
prohibited; and whatsoever shall i'm
port. sell, give or furnish opium or
any preparation thereof to any person
IN this Kingdom except as py0ctded il
said Section shall be liable to pen
atty Of not less than one hundred dol
lars. and to be imprisoned at hard
labor for any term not exceeding two
years. one half Of which pecuniary
penalty shall be paid TO the party Civ
ing the information which shall lead
to the conviction Of the offender.
SectiOn2. The Board of Healthmay
from time to time. import such guam |
titles of opium or preparations thereof
as the said Board shall deem neees- 1
sary for medical purposes IN this |
Kingdom and shall furnish 1t at cost |
to any physician or surgeon hariHg a [
diploma or certificate from some medical cal 4
Iege or uairsrsiy and who has license /
to practice medicine in this Kingdom, /
also to the person in charge of the /
medicines at the Leper Settlement at 1
AIolokai to be used exclusively for /
medical purposes. And the said Board /
may also furnish it to the captain or
surgeon Of any vessel bound to for 7
eign port for use on board said vessel. /
Section 3. Any person who shall /
have in his possession opium or any 4
preparation thereof which he shall not .
have received from the Board of
Health or from duly licensed ply
stefan or surgeon as prescribed IN Sec
ton ? Of this Act, shall forfeit such
opium or preparation thereof TO the
Hawaiian Government. and the same
shall be seized and delivered TO the
Board Of Health and such person
shall be imprisoned Tor term OF not
more than one year with or without
hard labor IN the discretion of the (
Court.
(By Chapter XVIII Of the session
laws Of 1880 the punishment was in
creased TO d penalty Of not less than
$50 nor more than $3.50 and impris
onment not exceeding one year.
Section 4 Any physician or surgeon
who shall sell, prescribe or furnish
opium or any preparation thereof to
any person ia Tie ha5it Of smoking or other
scise using tie same or to any other per
son except as remedy IN case of sick
ness shall forfeit to the Hawaiian
Government all opium or preparations
thereof which may be in his possess
ion. and it shall be seized and de
liTered to the Board Of Health. and
he shall be fined IN the sum of not
less than twenty-five nor more than
one hundred dollars, and if he shall
violate this Act more than once he
- furnished III, /